Recent legislative developments in Oklahoma, and a few other U.S. states, reflect a growing mistrust of international and foreign law and legal systems. These proposed statutes and constitutional amendments are one aspect of parochial backlash in the United States and elsewhere against developments in international law and dispute resolution over the past decades. [...] read more »
Archive for the 'National Arbitration Laws' Category
France: A New Haven For Anti-suit Injunctions?
In the aftermath of the turmoil West Tankers has created in the arbitration community, the Cour de cassation has confirmed France’s reputation as being an arbitration-friendly jurisdiction by holding that anti-suit injunctions are not contrary to international public policy.
A French company (In Zone Brands Europe) had entered into an exclusive distribution agreement of beverages with [...] read more »
Dispute Resolution in Abu Dhabi ( Part 1): How can the System Possibly Cope?
On a first reading this might seem like a particularly narrow question. Perhaps geographically of limited utility.
But to almost every international organization in the industrial, defence and major projects sectors it is, in fact, one of the burning issues confronting their participation in a market planning to spend or invest $USD450billion in 2010.
In [...] read more »
Some Findings of the Russian Constitutional Court on International Arbitration
Under the Russian legal system, the last resort a party has with respect to challanging a court decision is to apply to the Constitutional Court of the Russian Federation with a claim to review the decision’s compliance with the Russian Constitution in terms of the provisions of laws and/or regulations applied by lower courts. There [...] read more »
Some additional comments on the (now amended) Heidelberg Report: A reply to Professor Hess
I am grateful to Professor Hess for his comments on my 3 March 2010 blog. It greatly contributes to advancing the debate. However, it also perfectly illustrates the difficulties of a proposition – the total or partial deletion of the arbitration exception in Regulation 44/2001 – that has not been sufficiently thought through.
1. Professor Hess [...] read more »
« Circulez, il n’y a rien à voir ! ». A Response to Professor Hess
Professor Hess is the author of the chapter of the Heidelberg Report on the interplay between arbitration and the Regulation 44/2001 (“the Regulation”). As such, and quite understandably, he actively promotes the suggestion that the arbitration exception should be deleted from the Regulation.
The Heidelberg proposal has been followed by a Green Paper of the European [...] read more »
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